EPA ICR No. 1715.13; OMB Control No. 2070-0155

ATTACHMENT 1

Toxic Substances Control Act Sections 402 and 404

15 U.S.C. 2682, 2684
Sec. 2682. Lead-based paint activities training and certification

 (a) Regulations

(1) In general 

Not later than 18 months after October 28, 1992, the Administrator shall, in consultation with the 

Secretary of Labor, the Secretary of Housing and Urban Development, and the Secretary of 

Health and Human Services (acting through the Director of the National Institute for 

Occupational Safety and Health), promulgate final regulations governing lead-based paint 

activities to ensure that individuals engaged in such activities are properly trained; that training 

programs are accredited; and that contractors engaged in such activities are certified. Such 

regulations shall contain standards for performing lead-based paint activities, taking into account 

reliability, effectiveness, and safety. Such regulations shall require that all risk assessment, 

inspection, and abatement activities performed in target housing shall be performed by certified 

contractors, as such term is defined in section 4851b of title 42. The provisions of this section 

shall supersede the provisions set forth under the heading ‘’Lead Abatement Training and 

Certification’‘ and under the heading ‘’Training Grants’‘ in title III of the Act entitled ‘’An Act 

making appropriations for the Departments of Veterans Affairs and Housing and Urban 

Development, and for sundry independent agencies, commissions, corporations, and offices for 

the fiscal year ending September 30, 1992, and for other purposes’‘, Public Law 102-139 (105 

Stat. 765, 42 U.S.C. 4822 note), and upon October 28, 1992, the provisions set forth in such 

public law under such headings shall cease to have any force and effect. 

(2) Accreditation of training programs 

Final regulations promulgated under paragraph (1) shall contain specific requirements for the 

accreditation of lead-based paint activities training programs for workers, supervisors, inspectors 

and planners, and other individuals involved in lead-based paint activities, including, but not 

limited to, each of the following: 

 (A) Minimum requirements for the accreditation of training providers. 

 (B) Minimum training curriculum requirements. 

 (C) Minimum training hour requirements. 

 (D) Minimum hands-on training requirements. 

 (E) Minimum trainee competency and proficiency requirements. 

 (F) Minimum requirements for training program quality control.

(3) Accreditation and certification fees 

The Administrator (or the State in the case of an authorized State program) shall impose a fee on -

 (A) persons operating training programs accredited under this subchapter; and 

 (B) lead-based paint activities contractors certified in accordance with paragraph (1). 

The fees shall be established at such level as is necessary to cover the costs of administering and 

enforcing the standards and regulations under this section which are applicable to such programs 

and contractors. The fee shall not be imposed on any State, local government, or nonprofit 

training program. The Administrator (or the State in the case of an authorized State program) may 

waive the fee for lead-based paint activities contractors under subparagraph (A) for the purpose of 

training their own employees.

 (b) Lead-based paint activities 

For purposes of this subchapter, the term ‘’lead-based paint activities’‘ means -

(1) in the case of target housing, risk assessment, inspection, and abatement; and 

(2) in the case of any public building constructed before 1978, commercial building, bridge, or 

other structure or superstructure, identification of lead-based paint and materials containing leadbased paint, deleading, removal of lead from bridges, and demolition. For purposes of paragraph 

(2), the term ‘’deleading’‘ means activities conducted by a person who offers to eliminate leadbased paint or lead-based paint hazards or to plan such activities. 
 (c) Renovation and remodeling 

(1) Guidelines 

In order to reduce the risk of exposure to lead in connection with renovation and remodeling of 

target housing, public buildings constructed before 1978, and commercial buildings, the 

Administrator shall, within 18 months after October 28, 1992, promulgate guidelines for the 

conduct of such renovation and remodeling activities which may create a risk of exposure to 

dangerous levels of lead. The Administrator shall disseminate such guidelines to persons engaged 

in such renovation and remodeling through hardware and paint stores, employee organizations, 

trade groups, State and local agencies, and through other appropriate means. 

(2) Study of certification 

The Administrator shall conduct a study of the extent to which persons engaged in various types 

of renovation and remodeling activities in target housing, public buildings constructed before 

1978, and commercial buildings are exposed to lead in the conduct of such activities or disturb 

lead and create a lead-based paint hazard on a regular or occasional basis. The Administrator shall 

complete such study and publish the results thereof within 30 months after October 28, 1992. 

(3) Certification determination 

Within 4 years after October 28, 1992, the Administrator shall revise the regulations under 

subsection (a) of this section to apply the regulations to renovation or remodeling activities in 

target housing, public buildings constructed before 1978, and commercial buildings that create 

lead-based paint hazards. In determining which contractors are engaged in such activities, the 

Administrator shall utilize the results of the study under paragraph (2) and consult with the 

representatives of labor organizations, lead-based paint activities contractors, persons engaged in 

remodeling and renovation, experts in lead health effects, and others. If the Administrator 

determines that any category of contractors engaged in renovation or remodeling does not require 

certification, the Administrator shall publish an explanation of the basis for that determination. 
Sec. 2684. Authorized State programs 

(a) Approval 

Any State which seeks to administer and enforce the standards, regulations, or other requirements 

established under section 2682 or 2686 of this title, or both, may, after notice and opportunity for 

public hearing, develop and submit to the Administrator an application, in such form as the 

Administrator shall require, for authorization of such a State program. Any such State may also 

certify to the Administrator at the time of submitting such program that the State program meets 

the requirements of paragraphs (1) and (2) of subsection (b) of this section. Upon submission of 

such certification, the State program shall be deemed to be authorized under this section, and 

shall apply in such State in lieu of the corresponding Federal program under section 2682 or 2686 

of this title, or both, as the case may be, until such time as the Administrator disapproves the 

program or withdraws the authorization. 

(b) Approval or disapproval 

Within 180 days following submission of an application under subsection (a) of this section, the 

Administrator shall approve or disapprove the application. The Administrator may approve the 

application only if, after notice and after opportunity for public hearing, the Administrator finds 

that -

(1) the State program is at least as protective of human health and the environment as the 

Federal program under section 2682 or 2686 of this title, or both, as the case may be, and 

(2) such State program provides adequate enforcement. Upon authorization of a State 

program under this section, it shall be unlawful for any person to violate or fail or refuse 

to comply with any requirement of such program. 

(c) Withdrawal of authorization 

If a State is not administering and enforcing a program authorized under this section in 

compliance with standards, regulations, and other requirements of this subchapter, the 

Administrator shall so notify the State and, if corrective action is not completed within a 

reasonable time, not to exceed 180 days, the Administrator shall withdraw authorization of such 

program and establish a Federal program pursuant to this subchapter. 

(d) Model State program 

Within 18 months after October 28, 1992, the Administrator shall promulgate a model State 

program which may be adopted by any State which seeks to administer and enforce a State 

program under this subchapter. Such model program shall, to the extent practicable, encourage 

States to utilize existing State and local certification and accreditation programs and procedures. 

Such program shall encourage reciprocity among the States with respect to the certification under 

section 2682 of this title. 

(e) Other State requirements 

Nothing in this subchapter shall be construed to prohibit any State or political subdivision thereof 

from imposing any requirements which are more stringent than those imposed by this subchapter. 

(f) State and local certification 

The regulations under this subchapter shall, to the extent appropriate, encourage States to seek 

program authorization and to use existing State and local certification and accreditation 

procedures, except that a State or local government shall not require more than 1 certification 

under this section for any lead-based paint activities contractor to carry out lead-based paint 

activities in the State or political subdivision thereof. 
(g) Grants to States 

The Administrator is authorized to make grants to States to develop and carry out authorized 

State programs under this section. The grants shall be subject to such terms and conditions as the 

Administrator may establish to further the purposes of this subchapter. 

(h) Enforcement by Administrator 

If a State does not have a State program authorized under this section and in effect by the date 

which is 2 years after promulgation of the regulations under section 2682 or 2686 of this title, the 

Administrator shall, by such date, establish a Federal program for section 2682 or 2686 of this 

title (as the case may be) for such State and administer and enforce such program in such State.